BAY MINETTE, Alabama -- The attorney for Stephen Nodine says that recent testing of clothing supports Nodine’s claims that he did not shoot Angel Downs.

Pascal Bruijn today also announced that John Beck will serve as co-counsel in the case against the former Mobile County commissioner. Beck filed a notice in Baldwin County Circuit Court stating that, at Bruijn’s request, he will serve without pay.

Nodine, 48, is accused of shooting Downs, 45, his longtime mistress, outside her Gulf Shores home May 9, 2010. A trial in December ended with the jury deadlocked on murder and stalking charges, but Nodine was convicted of a misdemeanor ethics violation.

Baldwin prosecutors reviewed data recently recovered from Downs’ Blackberry cell phone, while the state conducted additional tests for blood on clothing that Nodine was wearing the day that Downs died.

Citing new evidence, District Attorney Hallie Dixon earlier this month said the case would be presented to an upcoming grand jury.

In an email today, Bruijn said, "The state’s recent disclosure of critical evidence (relating to the Blackberry) has allowed the defense to counter the charges head-on and I’m excited to have John Beck assist me in preparing the case for trial."

Bruijn said the tests on Nodine’s clothing "conforms with what we’ve been saying all along. Mr. Nodine did not shoot Ms. Downs."

The District Attorney’s Office declined to comment today.

Nodine is currently in a Miami prison serving a sentence for a federal weapons violation.